Can I sue my landlord for refusing to accommodate my disability?

What the Law Says

New York law — along with federal law — requires landlords to make reasonable accommodations for tenants with disabilities, even if it means changing rules, policies, or services.

Under the New York State Human Rights Law (NYSHRL), it is unlawful for any landlord to refuse to make reasonable accommodations in rules, policies, practices, or services when such accommodations are necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling.

This applies to nearly all rental housing in New York — including buildings with three or more units, and most single-family homes rented by owners who use a real estate broker or advertise publicly.

A 'reasonable accommodation' could include allowing a service animal despite a 'no pets' policy, installing grab bars in a bathroom, assigning a closer parking space, or permitting a live-in aide. The accommodation must be necessary, effective, and not impose an 'undue financial or administrative burden' on the landlord — but cost alone rarely justifies denial.

Importantly, you do not need to pay extra rent or meet income requirements to qualify for an accommodation — protections apply regardless of income.

Statutory Text

It shall be an unlawful discriminatory practice for any person, being the owner, lessee, sub-lessee, assignee, or managing agent of any housing accommodation… to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.

— N.Y. Exec. Law § 296(5)(c) — Human Rights Law, s. 296(5)(c)

What Courts Have Said

New York courts have consistently held that denying a reasonable accommodation violates both state and federal law — and landlords bear the burden of proving denial was justified.

What to Do

Sources